Asylum and Temporary Protective Status

Asylum and Temporary Protective Status 2018-01-25T02:51:53+00:00

The definition of this Asylum also defines the benefit.  Under asylum, the U.S. government grants safety to an eligible individual who has good reason to fear certain conditions in their home country.  These ‘conditions’ usually imply harm has occurred, or will occur to that person should they return to their home country. Examples of harm may include:

  • Possible or likely torture,
  • Imprisonment, or
  • Death.

In order to qualify for asylum, the harm must be because of the individual’s:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group (e.g. the LGBTQ community)
  • Political opinion

If your spouse and/or children (under the age of 21 and unmarried) are present with you in the United States, you may include them on your application. If they are not, you will have to first be granted Asylum before you can petition to bring your family members to the States. After being granted Asylum, you will also be eligible to legally work in the U.S. and work towards a permanent residency status or naturalization.

If you think you qualify to receive Asylum, you should consult with one of our attorneys right away, as applications for such status must be filed within one year of your entry into the United States.

Temporary Protective Status (TPS)

Foreign national may protected from deportation if their home country has been deemed by the U.S. government to be unsafe to return to, or their government cannot handle the return of their nationals. Qualifying scenarios may include: civil war or ongoing armed conflict, an environmental disaster, or other similar situation.

If a person properly registers for TPS, assuming certain other conditions are met, he or she:

  1. Will not be removed/deported
  2. Will not be detained by the Department of Homeland Security, unless there is an underlying criminal issue
  3. Can obtain a work permit
  4. Can apply for a travel document

A grant of TPS, by itself, does not allow a person to apply for permanent residency; however, TPS does allow a person to stay in the U.S. and, if the person is eligible, they can apply for permanent residency by other means.